I require conveyancing for a flat in a fairly new development (five years old) in Shropshire. Almost all the flats have already been occupied. Do I need carry out the neighbourhood searches as part of conveyancing in Shropshire?

You would be opening yourself up to an unnecessary risk in refusing to carrying out Shropshire conveyancing searches. Without searches you have no clarity over flooding, environmental etc which may mean you walk away due to potential problems down the line. If you are buying mortgage free there is no legal requirement to have them, but we would absolutely advise in no uncertain terms that you have them. Where timings and price are top of your issues you should discuss with your lawyer about the viability of search insurance

I am thinking of mortgaging my home in Shropshire, does my lawyer have to be on the Kent Reliance Solicitor panel?

There is nothing to stop you using your solicitor, but Kent Reliance will insist on their interests being represented by a firm on their conveyancing panel. There is much more potential for delays and confusion with an additional lawyer added to the mix, and it will undoubtedly be more expensive too.

Do commercial conveyancing searches disclose planned roadworks that may affect a commercial estate in Shropshire?

Its becoming the norm that commercial conveyancing solicitors in Shropshire will carry out a SiteSolutions Highways report as it reduces the time that conveyancers invest in researching accurate data on highways that impact buildings and development assets in Shropshire. The search result provides definitive data on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Shropshire.

For every commercial conveyancing transaction in Shropshire it is crucial to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been dealt with adequately may result in delays to Shropshire commercial conveyancing deals as well as pose a risk to future intentions for the site. These searches are not conducted for residential conveyancing in Shropshire.

Are there restrictive covenants that are commonly picked up as part of conveyancing in Shropshire?

Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Shropshire. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’

Due to the input of my in-laws I had a survey completed on a property in Shropshire before instructing lawyers. I have been advised that there is a flying freehold overhang to the property. My surveyor advised that some banks will refuse to issue a mortgage on a flying freehold premises.

It varies from the lender to lender. HSBC has different instructions from Birmingham Midshires. Should you wish to call us we can look into this further with the appropriate lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Shropshire. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Shropshire to see if the conveyancing costs will increase in light of this.